Deyo v. Van Valkenburgh & Leland
New York Supreme Court
Demurrer to replication. The declaration was in trespass for false imprisonment. The defendants severally pleaded in substance that the trespass complained of consisted in causing Deyo to be arrested under a ca. sa. issued upon a judgment recovered in the supreme court by one Luther against Deyo and others, in an action of trover; that in October, 1838, the defendant Leland, one of the attorneys of said court, and attorney of record for the said Luther, issued the ca. sa. at…
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Demurrer to replication. The declaration was in trespass for false imprisonment. The defendants severally pleaded in substance that the trespass complained of consisted in causing Deyo to be arrested under a ca. sa. issued upon a judgment recovered in the supreme court by one Luther against Deyo and others, in an action of trover; that in October, 1838, the defendant Leland, one of the attorneys of said court, and attorney of record for the said Luther, issued the ca. sa. at the special instance and request of Van Valkenburgh, he then being the assignee and owner of the judgment; and that…
1Opinion of the Court
By the Court, Cowen, J.
It was decided in Luther v. Deyo, (19 Wend. 629,) where the effect of this insolvent discharge came in question, that it operated not only upon debts due from Deyo and judgments on contract, but upon judgments obtained against him for wrongs; and, among others, the very judgment under which the defendants seek to justify. Deyo was accordingly discharged from custody on motion.
Deyo then brought the present suit against the attorney and Luther’s assignee for whose benefit the attorney issued the ca. sa. They plead severally a justification under it, and the plaintiff…
2Cases cited5 opinions
- McGuinty v. HerrickNew York Supreme Court · 1830
- Reynolds v. CorpNew York Supreme Court · 1805
- Luther v. DeyoNew York Supreme Court · 1839
- Rusell v. PackardNew York Supreme Court · 1832
- Rob v. MoffatNew York Supreme Court · 1808